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High Court of Andhra Pradesh · body

2025 DAILYLAW 37198 (AP)

D SURYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/37312/2022 · 2025-01-03

K Manmadha Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION Nos: 33437, 27890, 37312 AND 42274 OF 2022 WRIT PETITION NO: 33437 OF 2022 Between: 1. Kshatri Rajaram Singh, S/o. Balaji Singh, aged about 40 years, Occ- DEO Pool Language Pandit (Telugu), MPUP School, Karagapadu, Gopalapuram Mandal, West Godavari District. 2. Kambala Rainbabu, S/o. China Venkanna, aged 43 years, DEO Pool Language Pandit (Telugu), L N PURAM, Attili Mandal, West Godavari District. 3. Anduri N Durga Devi, D/o. Satyanarayana, aged about 38 years, DEO Pool Language Pandit (Telugu), MPUP School, Ayyavaram, Nallajerla Mandal, West Godavari District. 4. Muppidi Lakshmi, D/o. Aseervadam, aged 39 years, DEO Pool Language Pandit (Telugu), MPUP School, Bodapadu, Penta padu Mandal, West Godavari District. 5. Gullala Krishna Chaitanya, D/o Govardhan Giridhar, aged about 45 years, DEO Pool Language Pandit (Telugu), MPUP School, Chidipi, Tallapudi Mandal, West Godavari District. 6. Utukuri Siva Nagalakshmi, D/o U Sathibabu, aged about 36 years, DEO Pool, Language Pandit (Telugu), MPUPS, Pedateenarla, Nakkapalli Mandal, Visakhapatnam District. 7. Ramoju Suresh Kumar, S/o. Surya Ramu, aged about 36 years, DEO Pool, Language Pandit (Telugu), MPUPS, Rajagopalapuram, Payakarao peta Mandal, Visakhapatnam District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District, 2. The Commissioner and Director of School Education, B Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, West Godavari District at Eluru. 4. The District Educational Officer, Visakhapatnam District at Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2' respondent in issuing impugned proceedings in Rc.No. ESE02-14028/1/2022-E-VI, DT 04.08.2022 and Memo No.ESE02-14028/1/2022-E-Vl, Dt. 11.08.2022 by way of guidelines with regard to qualifications are concern for effecting promotions to the post of School Assistant and Grade II Headmasters is highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.ll and Go.Ms.No.12 dated 23.01.2009 and in violation of principles of natural justice guaranteed under Article 14, 16 and 21 of the Constitution of India,, set-aside the Rc.No. ESE02-14028/1/2022-E-VI, DT 04.08.2022 and Memo No.ESE02-14028/1/2022-E-VI, Dt. 11.08.2022 in so far as applying certain qualifications for promotion to the post of School Assistant (Language Pandit) are concern in addition to the qualifications prescribed in Special Rules and consequently direct the respondents to consider the case of the petitioners for promotion to the post of School Assistant (Language Pandit) with all consequential benefits in accordance with special rules vide GO.Ms.No.12 dt 23.12.2009 and Go.Ms.No.15 dt 05.02.2017. ~s - lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned Rc.No. ESE02-14028/1/2022-E-V1, DT 04.08.2022 and Memo No.ESE02-14028/1/2022-E-VI, Dt. 11.08.2022 in so far as applying certain qualifications for promotion to the post of School Assistant (Language Pandit) are concern in addition to the qualifications prescribed in Special Rules pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI G. V. L. MURHTY Counsel for the Respondents: GP FOR SERVICES III WRIT PETITION NO: 27890 OF 2022 Between: V N K S Notole D/o V.V.W. Noble, aged about 4-0 years, BEO Pool, Language Pandit (Telugu), MPTJPS, Malllam, Butchaio^apeta Mandal, Vissddiapatnani District. V V M Devi D/o Siva Raina Raju, aged about 40 years, DEO Pool, Language Pandit (Telugu), Kotauratla Mandal, Visakliapatnam District. 1. 2. MPUPS, Rajupeta, Vadaga Laksbmi Narayanaxnma D/O. V. Rainalcrishna, aged about 44 years, DEO Pool, Language Pandit (Telugi-i), MPUPS, Rarrianayya Peta, Nakkapalli Mandalam, Visialtbapatnani District. K Satyavatlii D/o Arappa, aged about 42 years, t^^O Poc^, Language Pandit (Telugu), MPUPS, Pulagalipalexn, Pendurty Visakbapatnam. District. Matba Satyanarayana S/o Pothuraju, aged about 45 yeais, DEO Pool, Language Pandit (Telugu), MPUPS, Oopalapatnain, Payakaraopeta Mairdal, Visakbapatnam. District. V.Ran-ia Kumari D/o V.NarayanaMurtby, ,4.., ^ aged about 43 years, DEO Pool, Language Pandit (Telugu), MPUPS, Gopala F*uram, Anakapalli, Visakbapatnam District. Ruttala Krisbnaveni D/o Salyanarayana, 1 . aged about 44 years, DEO Pool, Language Pandit (Telugu), MPUPS, P.L.Puxam, Payakaraopeta Mandal, Visakbapatnam. District. .3. 4. 5. 6. 7. Utukuri Siva Nagalaksbmi D/o U. Satbibabu, aged about 36 years, DEO Pool, Language Pandit (Telugu), Nalckapalli Mandal, Visakbapatnam 8. MPUPS, Pedateenarla, District. Dbarmala Venkata Laksbmi D/o Apparao, aged about 47 years, DEO Pool, Language Pairdit (lelugi.i), MPUPS, Govinda palem, Rarnbilli Mandal, Visakliapatnam District. 9. M.Soujanya D/o. M.HtiriiDrasada rao, aged about 37 years. 10. DEO Pool, Language Pandit (Telugu), MPUPS, S.sundhaxayyapeta, Anakapalli, Visalchapatnam District. 11. G Nagaratnam D/o Suryanaxayana, aged about 37 years, DEO Pool, Language Pandit (Telugu), MPUPS, Mettapalem, Narsipatnam Mandal, Visalchapatnam District. 12. L.V.Krishnaveni D/o.L.Appala Naidu, aged about 36 yea_rs, DEO Pool Language Pandit (Telugu), MPUPS, Y.V.Palem, Visakbapatnam District. 13. Vanarasi Vvrssnlc Chittemma D/o. Vanarasi Suryanarayana, aged about 45 years, DEO Pool, Language Pandit (Telugu), MPUPS, Gxirrajupeta, S. Rayavaram Mandal, Visalchapatnam District. Salapi Venkatarao S/o Appalanaidu, aged about 46 years, DEO Pool Language Pandit (Telugu), MPUPS,Narasapuram, Chadavatam, Visakbapatnam District. 14. 15. Shaik Nagoor Basha S/o Shaik Peera, aged about 45 years, DEO Pool, Language Pandit (Telugu), MPUPS, Kodavatipudi. Kotauratla Mandal, Visakbapatnam District. 16. B.Ramana S/o Narasimba Murtby, aged about 42 years, DEO Pool, Language Pandit (Telugu), MPUPS, KbandepaJIi. K Parvatbi Devi D/o Sanyasi Naidu, aged about 42 years, DEO Pool, Language Pandit (Telugu), MPUPS, Golugonda Village and Mandal, Anakapalli, Visakbapatnam District. 17. I IS. Tadela Satyavathi D/o. Sree ramulu, aged about 48 years, DEO Pool, Language Pandit (Telugu), MPUPS, Paravadapalem, Kasimkota Mandal, Visakbapatnam District. 19. T. Aruna D/o. Suryanarayana aged about 41 years, DEO Pool, Language Pandit (Telugu), MPUPS, Veeravilli, V.Madugula Mandal, Visakbapatnam District. 20. Animireddy Varalaksbmi D/o. China Dali Naidu, aged 42 years, DEO Pool, Language Pandit (Telugu), MPUPS, Ramanna Palem, Visakbapatnam District. K. Sarvalaksbmi D/o. Ramarao, aged about 40 years, DEO Pool, Language Pandit (Telugu), MPUPS, P.P. Agrabaram, Visakbapatnam District. 21. 22. Pasupuleti Vijaya D/o. PuUayya, aged about 46 years, DEO Pool, Language Pandit (Telugu), MPUPS, Vemagiri, S. Rayavaram Mandal, Visalcbapatnam District. 23. M. Vijaya kumar S/o. Demudu, aged about 34 years. DEO Pool, Language Pandit (Telugu), MPUPS, Dibbapalem, Cheedikada Mandal, Visakhapatnam District. Pappu Venkata Siva Ganesh S/o. Venkataramana, aged about 43 years, DEO Pool Language Pandit (Telugu), MPUPS, Kunchangi, AnalcapalH Mandal, Visakbapatnam District. M. Bhavani D/o. Venkateswara Rao, aged about 44 years, DEO Pool Language Pandit (Telugu), MPUPS, GeddapaJem, S. Rayavaram Mandal, Visakbapatnam District. D. Annapurna Devi D/o. Umamabeswara Rao, aged about 52 years, DEO Pool Language Pandit (Telugu), MPUPS, Koklcirapalli, Yelamanchm Mandal, Visakbapatnam District. Singarajula Sujatba D/o. Anjalayya, aged about 48 years, DEO Pool, Language Pandit (Telugu), MPUPS, P. Kandipudi, Butcbayyapeta Mandal, Visakbapatnam District. B. Nageswararao S/o. Cbina DerbuUu, . . aged about 40 years, DEO Pool Language Pandit (Telugm , MPUPS, Kumarapuram, Payakarao Peta mandal, Visakbapatnam District. K. CbandrakalaD/o. Pushkarachaiyulu, i aged about 50 years, DEO Pool Lan^age P^^dit ^^lugu , MPUPS, Peta Bayyavaram, Yelamancbib Mandal, Visakbapatnam District. Bandaru Atcbi3vamma D/o. Simbacbalam, aged about 41 years, DEO Pool Language Pandit (Telugu), MPUPS, Kannampalem, Cbodavaram Mandal, Visalcbapatnarn District. K. Sanyasamma D/o. Venkunaidu aged about 52 ye^s, DEO Pool, Language Pandit (Telugu), MPUPS, owuva a, Anakapalli Mandal, Visakbapatnam District. Ramoju Suresb Kumar S/o. Surya Ramu, aged about 36 years, DEO Pool, Language Pandit (lelugu), MPUPS, Rajagopalapuram, Payalcarao peta Mandal, Visakbapatnam District. Sanyasirao S/o Tatababu, aged about 38 years, DEO ^ool. Language Pandit (Telugu), MPUPS, Chakipalli, Cbodavaram Mandal, Visakbapatnam District. V Sobbarani D/o Simbachalam, aged about 46 years, DEO Pool, Language Pandit (Telugu), MPUPS, Ugginapalem, Kasimkota Mandal, Visakbapatnam District. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. A 34. C' G P Aijuna Apparao S/o Nagulia, aged about 41 years, DEO Pool, Language Pandit (Telugu), MPUPS, Ramapuram, Anakapalli Meindal, Visakhapatnam District. 35. M Leela Prabha D/o Krishna Dasu, aged about 51 years. Language Pandit (Telugu), MPUPS, K.P Agrah.aram, Buchayyapeta Mandal, Anakapalli, Visakhapatnam District. 36. 37. K Vijayabharathi D/o Eswara Rao, aged about 52 years. Language Pandit (Telugu), MPUPS, PettugoUapalli, S Rayavaram Mandal, Anakapalli, Visakhapatnam District. 38. P Ch. L Saraswathi D/o Annavaram, aged about 42 years. Language Pandit (Telugu), DEO Visakhapatnam District. Pool, MPUPS, Gokivada, Rambilli Mandal, 39. Kola Raghuprakash S/o. Laxmayya, aged about 46 years, DEO Pool, Language Pandit (Telugu), MPUPS, Pachipenta, Pachipenta Mandal, Vizianagaram District. 40. C Tulasi D/o Gavara3^a, aged about 39 years, DEO RajyalakshmipUram, Komarada Mandal, Vizianagareim District. Pool, Language Pandit (Telugu), MPUPS, ) 41. V Veera Venkata Rao S/o Kondayya, aged about 45 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Maredubalca, Mandapeta Meindal, East Godavari District. 42. PVSS Mangathayaru D/o P Nageswara Rao, aged about 41 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Lakkavaram, Malikipuram Mandal, East Godavari District. D Sravanthi D/o Srinivasa Reddy, aged about 36 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Nidigatla, Korukonda Mandal, East Godavari District. 43. K Srirama Krishna S/o Meeraju, aged about 49 yeeirs, DEO Pool, Language Pandit (Telugu), MPPUPS Gogannamattam, Mamidilcuduru Mandal, East Godavari District. 44. )' C Vijaya Kiran Kumari D/o Ch Raja Rao, aged about 52 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Pandrawada, Samarlakota Mandal, East Godavari District. 45. MainibuUa Sharief S/o Ibrahim Shanef, (Teluiml aged about 47 years, DEO Pool, Language Pairdit (Telugu), MPPUPS, Kattimanda, Malikipuram Mandal, East Godavari District. Sk 46. aged about 48 yeaus, Sec PootTingulge pandit (Telugu) MPPUPS, Penuguduru, Mandal, East Godavari District. 47. Karapa G.L Prasanthi D/o Venkata Sivannarayana, aged about 44 years, DEO Pool, Language MPPUPS, Kota, K Gannavaram Mandai, East Godavari District. 48. Pandit (Telugu), ^MPPOTs"* ^esa^peta, Rangampeta Mandal, East Godavari District. 49. Kadi’ani Mandal, East Godavari District. SI K Venkata Maha Laltshmi D/o K Subbarao, ^gerabout 47 years, DEO Pool, L^guage MPPUPS, Chenchu Colony Sariitonyan , --r. Rajabmundty Rural Mandal, East Godavari District. P Lovaraju S/o Satyanarayana aged about 32 years. DEO Pool, Language (Telugu), Verikatapuram, Rangampeta Mandal, East Godavari District. 50. Pandit (Telugu), ) MPPUPS, 52. 53 S Lova Lakshrni D/o Buchiyya Naidu, aged about 39 years, DEO Pool, L^guage MPPUPS, Uppalanka, Karapa Mandal, East Godavai-i District. Pandit (Telugu), Mohiddin(Late), aged Pandit (Telugu), MD Khaja Language MD Sadhik Mohiddin S/o about 34 years, DEO MPPUPS, Madhavapuram, Pithapuram East Godavai-i District. 54. Mandal, Ch Ramasudha D/o Ramakrishna Naidu, aged about 44 years, DEO Ivft>PUPS, FK Palem, Pithapuram Mandal, East Godavari District. G Rsmesh ^abu S/o Sreera^lu.^ged abouJ^2^y^^^^^ Pool, Language Pandit (leiugu), Amalapuram Mandal, East Godavari District. Pandit (Telugu), 55. DEO 56. - P Srinivas S/o Simiiachalaxn, aged about 37 years, DEO Pool, Language Pandit (Telugu), Adivarapupeta, Rsimachandrapuram Mandal, East Godavari District. 57. MPPUPS, M Jala Rani D/o Surya Narayana, aged about 34 years, DEO Pool, Language Pandit (Telugu), MPPUPS, R.B Kotturu, Peddapuram Mandal, East Godavari District. 58. VW Nagaraju S/o Apparao, aged about 53 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Pothuluru, Prathipadu Mandal, East Godavari District. 59. V Padmaja D/o W Satyanarayana Murthy, aged about 43 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Seetharampuram, Rajanagaram Mandal, East Godavari District. 60. K Sri Geinesh Kumar S/o Suryanarayana, aged about 42 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Sunkarapalem, Tallarevu Mandal, East Godavari District. 61. M Nagaraju S/o Venkateswara Rao, aged about 34 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Guttulavari Palem, Allavairam Mandal, East Godavari District. 62. N Sathi Raju S/o Veerraghavulu, aged about 44 years, DEO Pool, Language Paindit (Telugu), MPPUPS, Kapavaram, Ramachandrapuram Mandal, East Godaveiri District. 63. Y Hymavathi W/o Sinivasu, aged about 45 years, DEO Pool, Language Pandit (Telugu), Radheyapalam, Rajanagararir Mandal, East Godavari District. 64. MPPUPS, D Lova Kumari D/o D Machara Rao, aged about 29 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Subhadrampeta, Ragampeta. Mandal, East Godavari District. 65. K Chinna Reddy S/o Gangaraju, aged about 31 years, DEO MPPUPS, Mairiveedu, 66. Pool, Language Pandit (Telugu), Yeleswaram Mandal, East Godavari District. A Satya Padmini W/o Venkata Satya Surya Anjaneyulu, aged about 33 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Kolanka, Pithapuram Mandal, East Godavari District. 67. G Nuka Raju S/o G Lakshmana Rao, aged about 40 years, G JNuKa K j / (Telugu), MPPUPS, Gidajam, 68. DEO Pool, Language Rowthulapudi Mandal, East Godavari District. L Venkata Ramana S/o Sri Ram Murthy, aged about 40 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Appalarajupeta, Kotanaxxduiu Mandal, East Godavari District. R V Satya Narayana S/o Ganapathy Rao, aged about 39 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Rekbavanipalem, Tuni Mandal, East Godavari District. M Rajya Lakshmi D/o Venkata Swarny, aged about 48 years, DEO Pool, Language Pandit (Telugu), MPPUPS, H Kottala, Betamcherla Mandal, East Godavari District. S Parvatbi D/o Narayana, aged about 36 DEO Pool, Language Pandit (Telugu), Krishnunipalem, Gokavaram Mandal, East Godavari District. M Devi D/o Venkatarao Dora, aged about 31 years, DEO^ooI, Language Pandit (Telugu), MPPUPS, Cheduvada, Kajuluru Mandal, East Godavari District. 69. 70. 71. 72. MPPUPS, 73. M LaUtha Kumari D/o Dbarmaraj Dora, fTelueu^ aged about 33 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Burugupudi, Korukonda Mandal, East Godavari District. 74. Rama Krishna, aged about 44 years, DEO Pandit (Telugu), MPPUPS, Peraicheruvu, M Rajasekhar S/o Pool, Language Uppalaguptam Mandal, East Godavari District. 75. B Chellanna Dora S/o Malludora, aged about 52 years, DEO L^^age Pandit (Telugu), MPPUPS, Gokavaram, Gokkvaram Mandal, East Godavari District. T Anitha D/o Venkanna Dora, aged about 30 years, dm Pool, Language Pandit (Telugu). MPPUPS, Pentapalli, Gokavaram Mandal, East Godavari District. 76. 77. Chinnabbai, aged about 38 years, DEO Pool, Atchutapuram, K Sita D/o Language Gokavaram T Venkatamma D/o Veera Swamy, aged about 37 Pool pandit (Telugu), MPPUPS, Waddegudem. V.R Puram Mandad, East Godavari District. 78. MPPUPS, (Telugu), Mandal, East Godavari District. Pandit , DEO 79. /o P Vara I aksliini D/o Tammaj.ali, aged about 36 years DEO Pandit (Teiugu). MPPUPS, T Nagar. V.R Pnraxn Mandal, East Godavari District. T Venkata Varalakshmi Devi, aged about 38 yeai^, DEO Pool, Language Pandit (Telugu), MPPUPS, Pathigondi, TaJiarevu Mandal, East Godavan District. 80. 81. B Vinaya Kumari D/o B Bhushanam, aged about 33 years, DEO Pool, Language Pandit (Telugu), MPPUPS, Katavaram, Seetbanagaram Mandal, East Godavari District. 82. D Jyothi D/o D Tatarao, aged about 34 years, TOEO PooL Lan^.iage Pandit (Telugu), MPPUPS, Yerraram, Yeleswaram Mandal, East Godavari District. Venkateswara Rao S/o Rambabu, aged about 34 years, DEO Pool Language Pandit (Telugu). MPUPS, Rajavaram. Rowthulapudi Mandal, East Godavari District. 83. Y 84. ...Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. The Commissioner and Director of School Education, Block, Anjaneya Towers, Ibrab-impatnam, Krishna District. The District Educational Officer, Visakhapatnam District, Visakhapatnam. The District Educational Officer, Vizianagaram District, Vizianagaram . The District Educational Officer, East Godavari District, Kalrinada. 1. 2. “B 3. 4. 5. ...Respondents . )l ^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned G.O.Ms.No.77 School Education (Services-ll) Department, dated 30.10.2019 and the consequential impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020, proposing to promote the Secondary Grade Traders as School Assistant (Languages) is highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.15 dated 05.02.2017 and in violation of principles of natural justice guaranteed under Article 14, 16 and 21 of the Constitution of India, set-aside the impugned G.O.Ms.No.77 School Education (Services-I!) Department, dated 30.10.2019 and the consequently impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Language Pandit) and consequently direct the respondents to consider the case of the petitioners on upgraded posts as School Assistant (Language Pandit) with all consequential benefits. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned G.O.Ms.No.77 School Education (Services- ll) Department, dated 30.10.2019 and the consequently impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Language Pandit) pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI G. V. L. MURHTY Counsel for the Respondents; GP FOR SERVICES III WRIT PETITION NO; 37312 OF 2022 Jdetween: 1. D Suryanajayana S/o Subbarayudu, Pi-lUampet Mandal, Y.S.R. Kadapa District. Occ°La^l''c®''p'^ 38 years Ucc. Laitguage Pandit Telugu) DEO Pool M P U P 8 ’ Boyap^l. Village. RayachotiVandal, ’ I .b.R. Kadapa District. R Abdul Khuddus S/o R Abdul Razack Y.S.R Kadapa Mandal and District. 2. 3. ) 4. K Swathantrababu S/o Chinna ObaAna Village, 5. K Sreeramulu S/o K Baludu, aged about 38 Occ. Language Pandit (Telugu) Upparapalu Village, Chennuru Y.S.R Kadapa District. years, DEO Pool, M.P.U.P.S, Mandal, 6. T Penchalaiah S/o Ankaiah, aged about 40 years Oca Language Pandit (Telugu) DEO Pool, M^P u P s G. Obulampalli Village, Chennuru Mandal. Y.S.R. Kadapa District. 7. M Ayyavararnma S/o Kesavulu Occ: L aged about 36 angxmge Pandit (Telugu) DEO V f Atluru Mandal, Y.S.R Kadapa District. years, Pool, M.P.U.P.S, I r 1^- 8. V Suhasini S/o V Ramachandra Reddy, aged about 36 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Gunikuntla Village, Sambepalli Mandal, Y.S.R Kadapa District. B Sangeetha S/o B Satyanarayana Rao, aged about 41 yeai's, Occ: Language Pandit (Telugu) DEO Pool; M.P.U.P.S, Pullampeta Village Mandal, Y.S.R Kadapa District. B Lilly Pushpa Rani D/o Deva Raju, aged about 48 years, Occ; Language Pandit (Hindi) DEO Pool, M.P.U.P.S, Apparajupalli Village, C.K Dinrie Mandal, Y.S.R Kadapa District. 9. • i 10. 11. P Meena D/o P Rama Murthy, aged about 42 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S Guwalacheruvxi Village, Ramapurarn Mandal, Y.S.R Kada.pa District. 12. M Lakshmi Narasaiah S/o Ramulaiali, aged about 39 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.P.S, Dondapadu Village, Yerraguntla Mandal, Y.S.R Kadapa District. 13. M Chandralcala D/o M Lakshumaiah, aged about 41 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Veligallu Village, Galiveedu Mandal, Y.S.R Kadapa District. A Anithadevi D/o A Nagaraju, aged about 42 years, Occ; Language Pandit (Telu^) DEO Pool, M.P.U.P.S, Balireddypalli Village, Obulavaripalli Mandal, Y.S.R Kadapa District. 14. 15. G Venkata Lakshmi Devi D/o G Subbarao, aged about 45 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Apparajupalli Village, C.K Dinne Mandal, Y.S.R Kadapa District. 16.. O Sruthi D./0-O- RamanguReddy, aged about-37-yearSj Occ: Language Pandit (Telug-.i) DEO Pool, M.P.U.P.S,' Gudiyavandlapalli Village, Sambepalli Mandal, Y.S.R Kadapa District. VVv ” 17. S Jayasankar S/o Pakkirappa, aged about 46 Occ: Language Pandit (Telugu) DEO Pool, Murarichinthala Village, Lingala Mandal, Y.S.R Kadapa District. V Bhujanga Reddy S/o Veera Reddy, aged about 53 years Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kokatam Village, Kamalapuram Mandal, Y.S.R Kadapa District. P Lavanya D/o,P Chinna Narayana, aged about 38 years, Occ: Language Pandit (Telugu) DEO Pool, M.P U P S VeerannagattupalLi Village, Vempalli Mandal, Y.S.R Kadapa District. V Chakrapani S/o V.C Venkatapathi, aged about 42 years Occ: Languap Pandit (Telugu) DEO Pool, M.P.U.P.S, Gandikota Village, Jammalamadugu Mandal, Y.S.R. Kadapa District. B Lakshmi Kurnari D/o B Soma Sankara Reddy, aged about 47 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, C KottapaUi Village, Ontimitta Mandal, Y.S.R. Kadapa District. K Venkata Ramana S/o K Chinna Venkateswarlu, aged about 36 years, Occ: Language Pandit (Telu^i) DEO Pool, M.P.U.P.S, Chinthalacheruvu Village, Badvel Mandal, Y.S.R. Kadapa District. C Venkateswara Reddy S/o Rajareddy, aged about 32 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Beduduru Village, R.S Kondapuram Mandal, Y.S.R. Kadapa District. P Sasidhara Reddy S/o P Venkata Subba Reddy, aged about 42 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Yanainala Chintala Village, Kondapuram Mandal, Y.S.R. Kadapa District. P Sudhakar S/o Venkata Narasaiah, aged about 41 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Gangurajupodu Village, Rly Koduru Mandal, Y.S.R Kadapa District. years. M.P.U.P.S, 18. 7 19. 20. 21. 22. 23. 24. 25. )S^ 26. C Lakshmi Narayana S/o C Narasimhulu, aged about 52 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Appayarajupet Village, Pullampet Mandal, Y.S.R. Kadapa District. D Nagarjuna S/o Nagaiah, aged about 34 years, . Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kondlopalli Village, Rajampet Mandal, Y.S.R. Kadapa District. V Prasada Reddy S/o V Ramachandra Reddy, aged about 32 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Gurunathapuram Village, Galiveedu Mandal, Y.S.R. Kadapa District. N Vijayalakshmi D/o N Venkata Ramana, aged about 31 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, S UpparapaUi Village, Rly Koduru Mandal, Y.S.R. Kadapa District. T Renuka D/o T Bala Muniswami, aged about 36 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Raghavarajupuram Village, Rly Koduru Mandal, Y.S.R. Kadapa District. 27. 1 28. 29. 30. 31. M Rajesh Naik S/o Lakshu Naik, aged about 34 years Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Shabasapurain Village, Tuggali Mandal, Y.S.R. Kadapa District. 32. D Chinna Babu S/o D Fakrudheen (I,.ate), aged about 38 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Rahimanpuram Village, Betham Cherla Mandal, KurnooL District. 33. J Dhanavathamma D/o J Nagamaddi, aged about 39 year's, Occ: Lan^age Pandit (Telugu) DEO Pool, M.P.U.P.S, Laddagiri Village, Kodumur Mandal, Kurnool District. S. Sowjanya Sudliamani-W-/o U Subbarayudu, - aged about 41 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Boyalalcuntla Village, Sirivella Mandal, Kurnool District. • 3.4. 35. V Thirumalamma W/o G Nagaraju, aged about 39 years Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S Chandrapalli Village, Huseenapurain Post, PeapuUy Mandal, Kurnool District. N Nagalakshmamma W/o V Vijay Kumar, a^d about 46 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kurnoor ViUage, Gonegandla Kurnool District. M Rajyalakshmi D/o Venkata Swami, aged about 48 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S H Kottala Village, Betamcherla Mandal, Kurnool M.L Pushpavathamma D/o M Musalanna, aged about 42 years, Occ: Language Pandit (Urdu) DEO Poo^ M.P.U.P.S, Kasba Colony, Banganapalli Mandal, Kurnool District. K Vasudhamani D/o K Thikkanna, aged about 44 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Pendekal Village, Tuggali Mandai, Kurnool District. J Shirisha bhai D/o Shankar Naik, aged about 33 years Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Vandavagili Village, Holagunda Mandal, Kurnool District. D Muthyala Bai S/o D Krishna Naik, aged about 31 years Occ: Language Pandit (Urdu) DEO Pool, M.P.U.P.S, Rampurarn Village, Mantralayam Msindal, Kurnool District, Ch Ramu S/o Ch Venkateswarlu, aged about 44 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S Balapalapalli Village, Bethamcherla Mandal, ' ’ Kurnool District. Y Ramadevi D/o Y Venkateswarlu, aged about 33 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kambadahal Village, Pedda Kaduburu Mandal, Kurnool District. M Usha Rani D/o M Prabhakar Reddy, aged about 49 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Chinna Harivanam Village, Adoni Mandal, Kurnool District. 36. Mandal, 37. District. 38. 39. 40. 41. 42. 43. 44. B Venkata Ramudu S/o B Anumesh,. aged about 41 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Mallanahatti Village, Kowthalam Mandal, Kurnool District. 45. R Geetha D/o Venkateswarlu, aged about 36 years, Occ;'Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Somala Guduru Village, Nandavaram Mandal, Kurnool District. 46. D Vijayalakshmi D/o Seshanna, aged about 41 yeai's, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Neraniki Village, Holagunda Mandal, Kurnool District. M Ranganath S/o M Obanna, aged about 32 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kogilatota Village, Holagunda Mandal, Kurnool District. S Naresh S/o Palckiraiah, aged about. 33 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Naganathana Halil Village, Adoni Mandal, Kurnool District. D Sakurithala D/o D Balu Naik, aged about 41 years, Occ; Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Tharapuram Village, Peddakadupur Mandal, Kurnool District. 47. 48. 49. 50. 51. Y Shanthamma D/o Madhanna, aged about 33 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Putakala Marri Village, Asphari Mandal, Kurnool District. 52. K Anjali Bai D/o K Lakshma Naik, aged about 33 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Aligeri Village, Aspari Mandal, Kurnool District. 53. C Sumalatha D/o Sunkanna, aged about 36 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Kapati Village, Adoni Mandal, Kurnool District. 54. K Salamma D/o K Tlnrupalu, aged about 40 years, Onr• T!angniage Pandit (Telug;u)-DE6-EQ0l,-M,P.ULP,S, Nadamuri Nagar Village, Nandyal Mandal, Kurnool District. 55. M Rajesh S/o M Bhupal, aged about 39 years, Occ: Language Pandit (Telugu) DEO Pool, M.P.U.P.S, Bondimadugula Village, Tuggali Mandal, Kurnool District. . 56. ^ ^bout 40 years aunci.evSX"“^i5 S£;>Mrd£:“‘' Kurnool District. 57. B Swaminadhudu S/o Krishna Reddy 58. 59. .Thumulnrnta Village. GaHveedu Mandal. kadaj^ Disirict. Petitioners And 1. The State of Andhra Pradesh, Rep. by its The District Educational Officer, Y.S.R. Kadapa District The District Educational Officer, Kurnool District, Kurnool. The District Educational Officer, Chittoor District, Chittoor. 2. ) 3. Y.S.R Kadapa. 4. 5. ■ ••Respondents I 1^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents impugned G.O.Ms.No.77 School Education. (Services-ll) Department, dated 30.10.2019 and the consequential impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020, proposing to promote, the Secondary Grade Traders as School Assistant (Languages) is highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.15 dated 05.02.2017 and in violation of principles of natural justice guaranteed under Article 14, 16. and 21 of the Constitution of India, set-aside the impugned G.O.Ms.No.77 School Education (Services-ll) Department, dated 30.10.2019 and the consequently impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School .Assistant (Language Pandit) and consequently direct the respondents to consider the case Of the petitioners on upgraded posts as School Assistant (Languages) with all consequential benefits. in issuing lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned G.O.Ms.No.77 School Education (Services- ll) Department, dated 30.10.2019 and the consequently impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated, 16.10.2020 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Languages)) pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI G. V. L. MURHTY :5.6 - Counsel for the Respondents: GP FOR SERVICES III WRIT PETITION NO: 42274 OF 2022 Between: 1. T. Suprabha Kumari, D/o. late Bailodu, aged 42 years, Working as DEO Pool Language Pandit (Odia), ZPHS Mandapalli, Ichapuram Mandal, Srikakulam District. 2. G. Renuka, D/o. Ranganayakulu, aged 37 years Working as DEO Pool Language Pandit (Telugu) M P U P School, Chennamarajupalli, Proddutur Mandal, Kadapa District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of School Education, B Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 3. The Regional Joint Director of School Education, Visakhapatnam Region, Visakhapatnam. 4. The Regional Joint Director of School Education, Kadapa Region, Kadapa. 5. The District Educational Officer, Srikakulam District, Srikakulam. 6. The District Educational Officer, Kadapa District, Kadapa. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned G.O.Ms.No.77 School Education (Services-ll) Department, dated 30.10.2019 and the consequential impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2020, proposing to promote the Secondary Grade Traders as School Assistant (Languages) is highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.15 dated 05.02.2017 and in violation of principles of natural justice guaranteed under Article 14, 16 and 21 of the Constitution of India, set-aside the impugned G.O.Ms.No.77 School Education (Services-ll) Department, dated 30.10.2019 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Languages) and consequently direct the respondents to consider the case of the petitioners on upgraded posts as School Assistant (Languages) with all consequential benefits. lANO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned G.O.Ms.No.77 School Education (Services- ll) Department, dated 30.10.2019 and in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Language Pandit) pending disposal of the main Writ Petition. lA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners as Language Pandits in their respective Schools pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI G. V. L. MURTHY Counsel for the Respondents: GP FOR SERVICES III The Court made the following: COMMON ORDER APHC010546232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33437/2022, 27890, 37312 and 42274 of 2022 WP No.33437/2022: Between: Kshatri Rajaram Singh and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S); 1.G VLMURHTY Counsel for the Respondent(S): 1.GP FOR SERVICES 111 The Court made the following: COMMON ORDER : When the matters are taken up for hearing, Sri G.V.L. Murthy, learned counsel appearing for the petitioners, submits that, these matters are squarely covered by a common order this Court dated 28.12.2024 passed in WP Nos.3745 of 2020 & batch. Therefore, learned counsel requests this Court to pass similar order in these writ petitions also. 2. Learned Government Pleader for Services-lll, appearing for the respondents does not refute the said submission. 3. This Court, vide common order, dated 28.12.2024 has allowed WP Nos.3745/2022 & batch by a common order. The operative portion of the said common order, reads as under: "14. No doubt, in similar circumstances of this case, the Government issued G-O.Ms.No. 144, dated 02.08.2016 for upgradation of Language Pundit Grade-ll and Physical Education Teachers working in Zilla Parishad/ Government High Schools to the care of School Assistants by applying the principle of equal pay for equal work and also against the Special Rules vide G.O.Ms.No.lS, dated 05.02.2017. Therefore, the impugned proceedings vide G.O.Ms. No.77, dated 30.10.2019 and G.O.Ms.No.56, dated 16.10.2020 is declared as illegal and arbitrary. Hence, same is hereby set aside. Further, a direction is given to the respondents to consider the case of the respective petitioners on upgraded posts as School Assistants (Language Pundit) with all consequential benefits, if any, within a period of three (03) months from the date of receipt of a copy of this order. 15. With the above direction, the Writ Petitions are allowed. There shall be no order as to costs. A. So, in view of the submissions of both the learned counsels and by following the order of this Court dated 28.12.2024 passed in WP Nos.3745 of 2020, this Court is inclined to allow these writ petitions in terms of said order. 5. Accordingly, all the Writ petitions are Allowed in terms of the said order dated 28.12.2024 passed in W.P.No.3745 of 2020 and batch. 6. The Registry is directed to attach a copy of the common order passed by this Court in W.P.No.3745 of 2020 & batch, dated 28.12.2024. 7. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of School Education, B Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, West Godavari District at Eluru. 4. The District Educational Officer, Visakhapatnam District at Visakhapatnam 5. The District Educational Officer, Visakhapatnam District, Visakhapatna 6. The District Educational Officer, Vizianagaram District, Vizianag 7. The District Educational Officer, East Godavari District, Kakinada. 8. The District Educational Officer, Y.S.R. Kadapa District, Y.S.R Kadapa. 9. The District Educational Officer, Kurnool District, Kurnool. 10,The District Educational Officer, Chittoor District, Chittoor. 11. The Regional Joint Director of School Education, Visakhapatnam Region Visakhapatnam. 12.The Regional Joint Director of School Education, Kadapa Region, Kadapa. 13,The District Educational Officer, Srikakulam District, Srikakulam. 14.The District Educational Officer, Kadapa District, Kadapa. 15.One CC to Sri G. V. L. Murthy, Advocate [OPUC] 16.Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] 17.Three C.D. Copies. m. aram Cnr HIGH COURT CNR DATED:03/01/2025 COMMON ORDER WP.Nos.33437, 27890, 37312 and 42274 of 2022 OF ANDH^ I 2 1 JAN 2C?o m Oii o Current Section ALLOWING THE W.Ps WITHOUT COSTS 1 APHC010063742020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos. 3745 of 2020. 19717 of 2019, 20126. 20163. 20171. 21888. 3895 of 2020 and 14461 OF 2021 WRIT PETITION NO: 3745 OF 2020 Between: ...PETITIONER(S) Ankal Kondaiah and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) The Court made the following: COMMON ORDER: W.P.Nos.3745 and 3895 of 2020 is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue a Writ, Order or direction more particulariy one in the nature of Writ of Mandamus to declare the action of the respondent No.1 in issuing the impugned G.O.Ms.No.77, dated 30.10.2019 cot\sidering the Secondary Grade Teachers for promotion to the post of School Assistants (Language Pundits) which are meant for upgraded Language Pundits as arbitrary, illegal and contrary to G.O.Ms.No.91, dated 17.12.2018 and consequently set aside the impugned G.O.Ms.No.77, dated 30.10.2019 issued by the respondent No.1 and further direct 2 the respondents to consider the petitioners for promotion to the post of School Assistants (Language Pundits) w.e.f the date of promotion given to other similar candidates in the interest of Justice and pass such other orders...." W.P.No.19717 of 2019 is filed under Article 226 of the Constitution of India, seeking the following relief: " to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned G.O.Ms.No.77, dated 30.10.2019 in so far as allowing Secondary Grade Teachers by way of promotion to the upgraded Language Pundits Grade-ll as School Assistant (Language) sanctioned posts is contrary to the G.O.Ms.No.91, dated 17.12.2018 and Memo No. 976382/Service-l/A2/2019, dated 20.10.2019 and Illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and also contrary to the law laid down by the Hon'ble Supreme Court of India and consequently direct the respondents to consider the representation dated 20.11.2019 in the interest ofjustice and pass such other orders....” The W.P.Nos.20126, 20163, 20171, 21888 of 2020 and 14461 of 2021 are filed under Article 226 of the Constitution of India, seeking the following relief: '' ot issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned G.O.Ms.No.77, School Education (Sen/ices-ll) Department, dated 30.10.2019 and consequential impugned G.O.Ms.No.56 School Education (Services-ll) Department, dated 16.10.2010, proposing to promote the Secondary Grade Teachers as School Assistant (Languages) is highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.15, dated 05.02.2017 and in violation of principles of natural justice guaranteed under Article, 14, 16 and 21 of the Constitution of India, set aside the Impugned G.O.Ms.No. 77 School Education (Services-ll) Department, dated 30.10.2019 and consequently impugned G.O.Ms.No.56, School Education (Services-ll) Department, dated 16.10.2020 in so far as providing a channel to Secondary Grade Teachers for promotion to the post of School Assistant (Language Pundit) and consequently direct the respondents to consider the case of the petitioners on upgraded posts as School Assistant (Language Pundit) with all consequential benefits and pass such other orders...." 2. Since the facts and issue involved in all the Writ Petitions, find it expedient to decide these matters by a Common Order. 3 3. For the sake of convenience, W.P.No.20163 of 2020 is taken as a leading case. 4. The main crux of the matter in these writ petitions are that the petitioners are appointed through DSC and working as Language Pundits (Telugu and Hindu) in various Schools in the State of Andhra Pradesh. The Government had taken a policy decision of conversion of all Schools into English Medium and the 1®' respondent has issued a Memo dated 20.10.2019. Grade-ll posts upgraded under the G.O to be confine only to those Teachers, whose post is upgraded as beneficial policy of the Government in favour of the Grade-ll Pundits, who are working on lower scale by possessing School Assistant (Language Pundit) qualification and discharging the similar duties in their Job Chart. Surprisingly, the 1®' respondent issued G.O.Ms.No.77, dated 30.10.2019 for filling up of the upgraded posts by way of promotion and further they provided a channel to the Secondary Grade Teachers including the Pundits, which is contrary to the Special Rules framed under G.O.Ms.No.12 dated 23.01.2009 and Amendment those Special Rules vide G.O.Ms.No.15, dated 05.02.2017, wherein deleting the Secondary Grade Teachers as feeder category to School Assistant in Language Pundits. Again, G.O.Ms.No.77 dated 30.10.2019 is amended and issued G.O.Ms.No.56, dated 16.10.2020 changing the qualification pattern and not deleting the Secondary Grade Teachers is a feeder category. The said impugned executive instructions over ride the Special Rules vide G.O.Ms.No.15, dated 05.02.2017, an executive instructions cannot over ride on the Special Rules. When the dispute between 4 the Special Rules and Executive Instructions, Special Rules has prevails than the Executive Instructions. Therefore, issuing the present impugned proceedings vide G.O.Ms.No.77, dated 30.10.2019 by providing a channel of the Secondary Grade Teachers for promotion to the post of School Assistant Languages is not valid and as long as Special Rules is in existence. Therefore, the impugned G.O.Ms.No.77, dated 30.10.2019 and G.O.Ms.No.56, dated 16.10.2020 is illegal, arbitrary and contrary to the Special Rules in G.O.Ms.No.15, dated 05.02.2017 and the impugned G.Os are liable to be set aside. 5. Heard Mr. P. Nagendra Reddy, G.V.L.Murthy, G. Raju, learned counsel for the petitioners and Mr. Sai Krishna, learned Government Pleader, Services-lll for the respondents. 6. During hearing learned counsel for the petitioners reiterated the contents urged in the writ affidavit and mainly contended that in a similar circumstances, the 1®‘ respondent issued G.O.Ms.No.144, dated 02.08.2016 for upgradation of Language Pundit Grade-ll and Physical Education Teachers working in Zilla Parishad and Government High Schools to the cadre of School Assistants, for parity with the other subject teachers working in High Schools, since as per the Service Rules, the qualifications are required for the posts of School Assistant (Languages) and Language Pandits are same and both are working in the Upper Primary School and High Schools and more over there are no Secondary Grade Teachers in Cadre posts in High School pattern. The Language Pundits are equivalent to Secondary 5 Grade Teachers, but are teaching in High Schools. Accordingly, 1450 posts of Language Pundit (Grade-ll) and 1200 posts of Physical Education Teachers working in Zilla Parishad and Government High Schools upgraded as School Assistants with pay scale along with posts, the Language Pundits Grade-ll, who are working in upgraded posts become a School Assistants (Language Pundits) with higher pay scale on the ground that they working in the High Schools on par with other School Assistants by possessing same qualification and working conditions also same and therefore, the benefits were given to Grade-ll Language Pandits in the light of Judgment of decision of Hon’ble Apex Court in Jagjit Singh’s case on equal work with equal pay principle. Therefore, in view of arbitrary and illegal action of the 1®' respondent in promoting the Secondary Grade Teachers to the posts of School Assistant (Language Pundits) in the month of November, 2019, the petitioners are became post less and they accommodated under DEO pool on temporary placements. At this juncture, the 1®' respondent issued transfer guidelines under G.O.Ms.No. 54, dated 12.10.2020 with regard to the posts of Headmasters, School Assistants and Secondary Grade Teachers and accordingly the 2^"^ respondent issued proceedings dated 14.10.2020 and wherein, the working places of the petitioners were shown as vacant for effecting transfers. In view of the present transfer guidelines, the petitioners may likely to change of present place to another one again and again and there is every chance to loss their higher posts by virtue of impugned order. The petitioners are entitled to be continued up to 8 years at a station from the 6 date of posting under the Provisions of Service Rules. Therefore, the writ petition is liable to be allowed. 7. Whereas, learned Government Pleader, Services-lll for the respondents placed on record the written instructions of the Director, School Education, A.P, dated 25.09.2024, wherein it was stated that the Government while exercising its powers conferred by Section 78 and 99 of the Andhra Pradesh Education Act, 1982 and proviso to Article 309 of the Constitution of India and in supersession of the adhoc rules issued in G.O.Ms.No.183 dated 30.12.2008 have issued adhoc rules for the posts of teachers in MPP/ ZPP Schools in the State vide G.O.Ms.No.12, dated 23.01.2009. Wherein, providing promotion channel to the Secondary Grade Teachers and its equivalent cadres for the post of School Assistant (Languages). Subsequently, the rules issued in the said G.O amended by issuing G.O.Ms.No.15, dated 05.02.2017 providing the promotion channel to the Language Pandits for promotion to the respective School Assistant (Language) posts only. Some of them were filed W.P.No.10786 of 2019 and batch to set aside the said G.Os, which are pending. 8. It is further contended that the Government issued orders for upgradation of 10224 posts of Language Pundits working in Upper Primary and High Schools and 2603 posts of PETs working in High Schools into the School Assistant cadre vide G.O.Ms.No.91, dated 17.12.2018 to bring parity with the other subject Teachers working in the High Schools as the educational qualifications and School Assistants working in the Upper Primary 7 Schools and High Schools. The executive instructions issued vide Memo dated 20.10.2019, permitting the Commissioner of School Education for implementation of the G.O.Ms.No.91, dated 17.12.2018 for filling up of the upgraded School Assistant posts by promotion as the purport of G.O.Ms.No.91, dated 17.12.2018 is judicious and acceptable in the light of Supreme Court directives on equal pay for equal work, but not confined in any order that the upgraded School Assistant posts only for Language Pundits working in the upgraded posts. 9. It is further contended that the Language Pundits and Secondary Grade Teachers are classified in same class in the Adhoc Rules of A.P.School Educational Subordinate Service Rules (in short ‘the rules’) for the post of teachers in MPP/ ZPP Schools in the State vide G.O.Ms.No.12, dated 23.01.2009 should have the same promotion channel. The amendment orders issued vide G.O.Ms.No.15, dated 05.02.2017 are not said to be the special rules, these rules are only for providing privilege to the Language Pundits in promotion to the post of School Assistant (Language) and the orders and guidelines in G.O.Ms.No.77, dated 30.10.2019 are issued for filling up of the upgraded School Assistants posts, but not executive instructions to override any special rules. The qualified Secondary Grade Teacher is capable to handle the higher classes easily by virtue of his/ her teaching experience and seniority. The Government have issued special rules applicable to Teachers in MPP/ ZPP and Government Schools vide G.O.Ms.No.74, dated 20.09.2017, wherein, Class-1 Category 2 at Annexure Table 2, clearly mentioned that 8 B.Ed., with Hindi as methodology from any recognized University and NCTE. Therefore in the said G.O the issue relating to to methodology was not discussed and only mentioned that a candidate, who possess methodology from recognized university and NCTE is only eligible for promotion. Therefore, the writ petitions are liable to be dismissed. 10. Perused the record. 11. As could be seen from the G.O.Ms.No.91, dated 17.12.2018, wherein at Clause 3, the Government, after careful examination of proposals accord sanction for upgradation of 10224 posts of Language Pandit Grade-ll to that of Sc.hool Assistant (Languages) and 2603 posts of Physical Education Teacher to that of School Assistant (Physical Education) in the pay scale of Rs. 28940-78910 in the Revised Pay Scales, 2015, which shall be filled by promotion. Earlier, the Government has also issued G.O.Ms.No. 144, dated 02.08.2016 with regard to upgradation of Language Pandit Grade-ll and Physical Education Teachers working in Zilla Parishad/ Government High Schools to the cadre of School Assistants. Accordingly sanction orders has been issued. Learned counsel for the petitioners vehemently argued that the light of said G.O, the petitioners are entitled the same benefit in the instant case, therefore, requested to allow the writ petition. in 12. The Government issued impugned G.O.Ms.No.77, dated 30.10.2019 and consequential impugned G.O.Ms.No.56, dated 16.10.2020 proposing to promote the Secondary Grade Teachers as School Assistants 9 (Language) is highly illegal and arbitrary and contrary to the G.O.Ms.No.15, dated 05.02.2017. No doubt, the petitioners are working as Language Pundits in various Schools in the State of Andhra Pradesh and they were appointed through DSC and since then they are working and their services have been regularized in the said respective cadres and that they are eligible for further promotion. But the respondents did not take into consideration. Hence, the petitioners made a representation with a request to continue the petitioners as Language Pundits, but in vain. Therefore, inaction of the respondents is questioned in this writ petition. 13. In similar circumstances of this case, the Government has also issued G.O.Ms.No. 144, dated 02.08.2016 with regard to upgradation of Language Pandit Grade-ll and Physical Education Teachers working in Zilla Parishad/ Government High Schools to the cadre of School Assistants, for parity with the other subject Teachers working in High Schools, since as per the Service Rules, the questions are required for the posts of School Assistant (Languages) and Language Pundits are same and they are working in Upper Primary School and High Schools and more over there are no Secondary Grade Teachers in cadre posts in High School pattern. The Language Pundits are equivalent to Secondary Grade Teachers, but are teaching in High Schools. The Language Pundits Grade-ll, who are working in upgraded posts become as School Assistants (Language Pundits) with higher pay scale on the ground that they are working in the High Schools on par with other School Assistants by possessing same qualification and working conditions also 10 same. Therefore, equal pay for equal work is applicable in the light of decision of Hon’ble Apex Court in “State of Punjab and Others vr. Jagjit Singh and Others”^ wherein it was held as follows:- “42. All the judgments noticed in paras 1 to 24 hereinabove, pertain to employees engaged on regular basis, who were claiming higher wages, under the principle of "equal pay for equal work". The claim raised by such employees premised on the ground, that the duties and responsibilities rendered by them against the same post for which a higher pay scale ivas being allowed in other government departments. Or alternatively, their duties and responsibilities were the same as of other posts with different designations, but they were placed in a lower scale. Having been painstakingly taken through the parameters laid down by the Court, wherein the principle of "equal pay for equal work" was invoked and considered, it would be just and appropriate to delineate the parameters laid down by this Court. In recording the said parameters, we have also adverted to some other judgments pertaining to temporary employees (also dealt with, in the instant judgment), wherein also, this Court had the occasion to express the legal position with reference to the principle of “equal pay for equal work". Cur consideration, has led us to the following deductions: ” was were 44.5. In State of Punjab v. Devinder Singh”^, this Court held that daily wagers were entitled to be placed in the minimum of the pay scale of regular employees working against the same post. The above direction was issued after accepting that the employees concerned were doing the same work as regular incumbents holding the same post by applying the principle of “equal pay for equal work". 60. Having traversed the legal parameters with reference to the application of the principle of “equal pay for equal work’, in relation to temporary employees (daily-wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires out determination is, whether the employees concerned (before this Court), were rendering similar duties and responsibilities as were being discharged by regular employees holding the same/ corresponding posts. This exercise would require the application of the parameters of (2017) 1 see 148 ^(1998) 9 see 595 11 the principle of ‘equal pay for equal work’ summarised by us in para 42 above, is also accepted that during the course of their employment, the temporary employees concerned were being randomly deputed to discharge duties and responsibilities which at some point in time were assigned to regular employees. Likewise, regular employees holding substantive posts were also posted to discharge the same work which was assigned to employees from time to time, be no doubt, that the principle of ‘equal pay for equal work’ would be applicable to all the temporary employees concerned, so as to vest in them the right to claim wages on a par with the minimum of the pay scale of regularly engaged government employees holding the same post. ” It There can 14. No doubt, in similar circumstances of this case, the Government issued G.O.Ms.No.144, dated 02.08.2016 for upgradation of Language Pundit Grade-ll and Physical Education Teachers working in Zilla Parishad/ Government High Schools to the care of School Assistants by applying the principle of equal pay for equal work and also against the Special Rules vide G.O.Ms.No.15, dated 05.02.2017. Therefore, the impugned proceedings vide G.O.Ms.No.77, dated 30.10.2019 and G.O.Ms.No.56, dated 16.10.2020 is declared as illegal and arbitrary. Hence, same is hereby set aside. Further, a direction is given to the respondents to consider the case of the respective petitioners on upgraded posts as School Assistants (Language Pundit) with all consequential benefits, if any, within a period of three (03) months from the date of receipt of a copy of this order. 15. With the above direction, the Writ Petitions are allowed. There shall be no order as to costs. 12 16. The miscellaneous applications pending, if any, shall also stand closed. DR. JUSTICE K. MANMADHA RAO Date:20,12.2024. KK